Sleep apnea decisions — 2009

The Veteran's claim for service connection for sleep apnea was denied. However, he received a non-compensable evaluation for bilateral hearing loss from December 6, 2006 to March 4, 2009 and an increased evaluation of 10 percent effective March 5, 2009.

The Veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension benefits based on need for aid and attendance or housebound status.

The Veteran's claims for earlier effective dates for service connection were denied. The Board found no evidence of clear and unmistakable error in the prior decisions, and there was no indication that the Veteran filed a claim or informal claim for these conditions before the effective dates assigned.

The Veteran's left lower lumbosacral radiculopathy is rated as 10 percent disabling effective January 24, 2006.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for lumbosacral radiculopathy allegedly caused by VA treatment, but the claim must be remanded due to insufficient evidence and missing records.

The Board denied the Veteran's claim of reopening his previously denied lumbosacral strain claim due to lack of new and material evidence.

The Board has reopened the Veteran's claim of service connection for a low back disability and granted service connection based on continuity of symptomatology since service.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the appellant's claims for service connection.

The Board has determined that new and material evidence has been presented to reopen the Veteran's claims for service connection for left thumb dislocation, right shoulder arthritis, right elbow epicondylitis, left elbow epicondylitis, and obstructive sleep apnea. The original decisions denying these claims are final.

The Veteran's initial evaluations for sleep apnea are being remanded due to incomplete service treatment records and the need for additional VA medical examinations.

The Veteran's claim for a higher rating for his lumbar spine disability was granted, with the effective date being November 17, 2008. The claims for increased ratings of his left and right knee disabilities were not addressed in this decision.

The Board granted service connection for lumbar strain, myositis, and degenerative joint disease of the lumbosacral spine with a 10 percent disability rating effective May 24, 2004. The Veteran's back disability was found not to meet criteria for higher ratings at any point during the appeal period.

The Board has denied the Veteran's claims for service connection for diabetes mellitus, sleep apnea, and abductor spasmodic dysphonia. The claim for service connection of abductor spasmodic dysphonia is remanded due to insufficient evidence.

The Veteran's claims for increased ratings were denied. The RO found that the residuals of a pelvic bone fracture, right and left knee disabilities, gastroesophageal reflux disease, lumbar spine disability, migraine headaches, and obstructive sleep apnea did not warrant higher ratings under applicable VA rating criteria.

The Veteran's claim for an initial disability rating in excess of 20 percent for his service-connected herniated nucleus pulposus at lumbosacral level with referred pain to the left leg was denied. The evidence did not support a higher rating.

The Veteran withdrew his appeal for service connection for diabetes mellitus type II, hypertension, sleep apnea, hepatitis C, and a gastrointestinal disorder. The Board denied the remaining claims of service connection for low back, headache, sinus, bilateral hearing loss, and tinnitus.

The Veteran's claims for service connection were denied across multiple conditions, including radiation exposure, hearing loss, obstructive sleep apnea, arthritis, left shoulder pain, hand pain, wrist pain, low back pain, and ankle pain. The Board found no evidence to support these claims.

The Board found that retinitis pigmentosa existed prior to service and was not aggravated during service, thus denying the Veteran's claim for service connection.

The Board has remanded the case for further development, including scheduling a VA examination and ensuring proper notification to the Veteran.